82 FR 47308 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 195 (October 11, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47308-47309 | |
| FR Document | 2017-21897 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Notices] [Pages 47308-47309] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21897] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0038] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to exempt 47 individuals from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: The exemptions were applicable on August 29, 2017. The exemptions expire on August 29, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http://www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov and/or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. II. Background On July 27, 2017, FMCSA published a notice announcing receipt of applications from 47 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (82 FR 35033). The public comment period ended on August 28, 2017, and two comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). The physical qualification standard for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person: Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. III. Discussion of Comments FMCSA received two comments in this proceeding. Givonna Hymel stated that she believes the exemption application process should be shortened, and that the program in its current form is unfair and [[Page 47309]] discriminatory. On May 4, 2015, FMCSA published a Notice of Proposed Rulemaking (NPRM) (80 FR 25260) proposed changes to the Diabetes standard and requesting comments from the public. FMCSA is currently evaluating comments received and drafting a Final Rule. Information related to this action can be found in the Docket at FMCSA-2005-23151. Marisol Aguilar stated that she agrees with the decision to grant exemptions to Mark A. Brede, Bradley J. Holmstrom, Delbert E. Holt, and Anthony A. Kronbeck. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. The Agency's decision regarding these exemption applications is based on the program eligibility criteria and an individualized assessment of information submitted by each applicant. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the July 27, 2017, Federal Register notice (85 FR 35033) and will not be repeated in this notice. These 47 applicants have had ITDM over a range of one to 42 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the past five years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. IV. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document and includes the following: (1) Each driver must submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) each driver must report within two business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (4) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file, or keeping a copy in his/ her driver's qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 47 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Miguel A. Alicea (CT) Ralph W. Boyatt (WA) Eduard Braun (AR) Mark A. Brede (MN) Lawrence P. Butler (CA) Keith T. Campbell (TX) Larry W. Carruth (AL) Dennis R. Carte (MO) Steven B. Carter (NC) Gregory L. Crawford (MI) James D. Duvall (VT) Reginald D. Evans (NE) Daniel F. Foder (NY) Daniel J. Fowler (CT) Michael F. Greene (MA) Cindy E. Grimes (NE) Leo J. Hoffman, Jr. (PA) Bradley J. Holmstrom (MN) Delbert E. Holt (MN) Alexander C. Jennings (NJ) Calvin W. Johnson (WI) Shannon E. Johnson (AZ) Kenneth E. King (IN) Anthony A. Kronbeck (MN) Charles P. Lane, Jr. (AL) Gjasi A. Leite (GA) Richard V. Madden (PA) Landon H. McCuddin (SD) Damien R. Mitchell (NC) Steven J. Mooney (AL) Luther G. Mumaw, Jr. (WV) Roberto Noa (FL) Benjamin P. Peirce (CA) Judah G. Pira (WA) Robert E. Racy II (OH) Robert P. Rowean, Jr. (MA) Wesley R. Schmid (CT) Royal J. Schultz (NY) Joseph B. Simon (NJ) Andrew J. Slionski (NY) Samuel L. Smith (NC) Terry D. Stumpff (WA) Manuel A. Vasquez (NJ) Paul O. Verly (CO) Alvin G. Welch (NY) Damien E. Wiggins (CA) Frank R. Woitel (NM) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. Issued on: October 2, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-21897 Filed 10-10-17; 8:45 am] BILLING CODE 4910-EX-P
![47308 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices
for the crash was assigned to the rental (f) Vehicle number and State license Office hours are from 8:30 a.m. to 5
truck driver. number, p.m., e.t., Monday through Friday,
(g) Number of individuals suffering except Federal holidays. If you have
Terms and Conditions of the Exemption
physical injury, questions regarding viewing or
Terms of the Exemption (h) Number of fatalities, submitting material to the docket,
(i) The police-reported cause of the contact Docket Services, telephone (202)
• This exemption from the
accident, 366–9826.
requirements of 49 CFR 395.8(a)(1)(i) is
(j) Whether the driver was cited for SUPPLEMENTARY INFORMATION:
effective from October 11, 2017 through
violation of any traffic laws, motor
October 11, 2022. I. Electronic Access
carrier safety regulations, and
• This exemption covers a rental
(k) The total driving time and total on- You may see all the comments online
period of 8 days or fewer, regardless of
duty time period prior to the accident. through the Federal Document
reason for the rental. Evidence that a
Accident notifications shall be Management System (FDMS) at: http://
carrier has replaced one rental CMV
emailed to MCPSD@dot.gov. www.regulations.gov.
with another on 8-day cycles or Docket: For access to the docket to
attempted to renew a rental agreement Termination read background documents or
for the same CMV for an additional 8 FMCSA believes that drivers of short- comments, go to http://
days will be regarded as a violation of term rental vehicles will continue to www.regulations.gov and/or Room
the exemption and subject the carrier to maintain their previous safety record W12–140 on the ground level of the
the penalties for failure to use an ELD. while operating under this exemption. West Building, 1200 New Jersey Avenue
• Drivers must have a copy of this However, should problems occur, SE., Washington, DC, between 9 a.m.
notice or equivalent signed FMCSA FMCSA will take all steps necessary to and 5 p.m., e.t., Monday through Friday,
exemption document in their possession protect the public interest, including except Federal holidays.
while operating under the terms of the revocation or restriction of the Privacy Act: In accordance with 5
exemption. The exemption document exemption. FMCSA will immediately U.S.C. 553(c), DOT solicits comments
must be presented to law enforcement restrict participation in the exemption from the public to better inform its
officials upon request. for failure to comply with its terms and rulemaking process. DOT posts these
• Drivers must have a copy of the conditions. comments, without edit, including any
rental agreement in the CMV, and make personal information the commenter
it available to law enforcement officers Issued on: September 28, 2017.
Daphne Y. Jefferson,
provides, to http://www.regulations.gov,
on request. The agreement must clearly as described in the system of records
identify the parties to the agreement, the Deputy Administrator.
notice (DOT/ALL–14 FDMS), which can
vehicle, and the dates of the rental [FR Doc. 2017–21892 Filed 10–10–17; 8:45 am]
be reviewed at http://www.dot.gov/
period. BILLING CODE 4910–EX–P privacy.
• Driver must possess copies of their
RODS for the current day and the prior II. Background
7 days, if required on those days. DEPARTMENT OF TRANSPORTATION On July 27, 2017, FMCSA published
Preemption a notice announcing receipt of
Federal Motor Carrier Safety applications from 47 individuals
In accordance with 49 U.S.C. Administration requesting an exemption from diabetes
31313(d), as implemented by 49 CFR [Docket No. FMCSA–2017–0038] requirement in 49 CFR 391.41(b)(3) and
381.600, during the period this requested comments from the public (82
exemption is in effect, no State shall Qualification of Drivers; Exemption FR 35033). The public comment period
enforce any law or regulation applicable Applications; Diabetes Mellitus ended on August 28, 2017, and two
to interstate commerce that conflicts comments were received.
with or is inconsistent with this AGENCY: Federal Motor Carrier Safety
FMCSA has evaluated the eligibility
exemption with respect to a firm or Administration (FMCSA), DOT
of these applicants and determined that
person operating under the exemption. ACTION: Notice of final disposition. granting the exemptions to these
States may, but are not required to, individuals would achieve a level of
SUMMARY: FMCSA announces its
adopt the same exemption with respect safety equivalent to or greater than the
decision to exempt 47 individuals from
to operations in intrastate commerce. level that would be achieved by
the prohibition in the Federal Motor
Notification to FMCSA Carrier Safety Regulations (FMCSRs) complying with the current regulation
against persons with insulin-treated 49 CFR 391.41(b)(3).
Carriers operating under this The physical qualification standard
exemption must notify FMCSA within 5 diabetes mellitus (ITDM) from operating
for drivers regarding diabetes found in
business days of any accident (as a commercial motor vehicle (CMV) in
49 CFR 391.41(b)(3) states that a person
defined in 49 CFR 390.5), involving any interstate commerce. The exemptions
is physically qualified to drive a CMV
of the motor carrier’s drivers operating enable these individuals with ITDM to
if that person:
under the terms of this exemption. The operate CMVs in interstate commerce.
DATES: The exemptions were applicable Has no established medical history or
notification must include the following clinical diagnosis of diabetes mellitus
on August 29, 2017. The exemptions
asabaliauskas on DSKBBXCHB2PROD with NOTICES
information: currently requiring insulin for control.
(a) Identity of Exemption: ‘‘TRALA’’ expire on August 29, 2019.
(b) Date of the accident, FOR FURTHER INFORMATION CONTACT: Ms. III. Discussion of Comments
(c) City or town, and State, in which Christine A. Hydock, Chief, Medical FMCSA received two comments in
the accident occurred, or closest to the Programs Division, (202) 366–4001, this proceeding. Givonna Hymel stated
accident scene, fmcsamedical@dot.gov, FMCSA, that she believes the exemption
(d) Driver’s name and license number, Department of Transportation, 1200 application process should be
(e) Co-driver’s name and license New Jersey Avenue SE., Room W64– shortened, and that the program in its
number, 224, Washington, DC 20590–0001. current form is unfair and
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![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47309
discriminatory. On May 4, 2015, and includes the following: (1) Each Gjasi A. Leite (GA)
FMCSA published a Notice of Proposed driver must submit a quarterly Richard V. Madden (PA)
Rulemaking (NPRM) (80 FR 25260) monitoring checklist completed by the Landon H. McCuddin (SD)
proposed changes to the Diabetes treating endocrinologist as well as an Damien R. Mitchell (NC)
standard and requesting comments from annual checklist with a comprehensive Steven J. Mooney (AL)
the public. FMCSA is currently medical evaluation; (2) each driver must Luther G. Mumaw, Jr. (WV)
evaluating comments received and report within two business days of Roberto Noa (FL)
drafting a Final Rule. Information occurrence, all episodes of severe Benjamin P. Peirce (CA)
related to this action can be found in the hypoglycemia, significant Judah G. Pira (WA)
Docket at FMCSA–2005–23151. Marisol complications, or inability to manage Robert E. Racy II (OH)
Aguilar stated that she agrees with the diabetes; also, any involvement in an Robert P. Rowean, Jr. (MA)
decision to grant exemptions to Mark A. accident or any other adverse event in Wesley R. Schmid (CT)
Brede, Bradley J. Holmstrom, Delbert E. a CMV or personal vehicle, whether or Royal J. Schultz (NY)
Holt, and Anthony A. Kronbeck. not it is related to an episode of Joseph B. Simon (NJ)
hypoglycemia; (3) each driver must Andrew J. Slionski (NY)
Basis for Exemption Determination
provide a copy of the ophthalmologist’s Samuel L. Smith (NC)
Under 49 U.S.C. 31136(e) and 31315, or optometrist’s report to the Medical Terry D. Stumpff (WA)
FMCSA may grant an exemption from Examiner at the time of the annual Manuel A. Vasquez (NJ)
the diabetes standard in 49 CFR medical examination; and (4) each Paul O. Verly (CO)
391.41(b)(3) if the exemption is likely to driver must provide a copy of the Alvin G. Welch (NY)
achieve an equivalent or greater level of annual medical certification to the Damien E. Wiggins (CA)
safety than would be achieved without employer for retention in the driver’s Frank R. Woitel (NM)
the exemption. The exemption allows qualification file, or keeping a copy in In accordance with 49 U.S.C. 31136(e)
the applicants to operate CMVs in his/her driver’s qualification file if he/ and 31315, each exemption will be valid
interstate commerce. she is self-employed. The driver must for two years from the effective date
The Agency’s decision regarding these also have a copy of the exemption when unless revoked earlier by FMCSA. The
exemption applications is based on the driving, for presentation to a duly exemption will be revoked if the
program eligibility criteria and an authorized Federal, State, or local following occurs: (1) The person fails to
individualized assessment of enforcement official. comply with the terms and conditions
information submitted by each
V. Preemption of the exemption; (2) the exemption has
applicant. The qualifications,
resulted in a lower level of safety than
experience, and medical condition of During the period the exemption is in was maintained prior to being granted;
each applicant were stated and effect, no State shall enforce any law or or (3) continuation of the exemption
discussed in detail in the July 27, 2017, regulation that conflicts with this would not be consistent with the goals
Federal Register notice (85 FR 35033) exemption with respect to a person and objectives of 49 U.S.C. 31136(e) and
and will not be repeated in this notice. operating under the exemption.
These 47 applicants have had ITDM 31315.
over a range of one to 42 years. These VI. Conclusion Issued on: October 2, 2017.
applicants report no severe Based upon its evaluation of the 47 Larry W. Minor,
hypoglycemic reactions resulting in loss exemption applications, FMCSA Associate Administrator for Policy.
of consciousness or seizure, requiring exempts the following drivers from the [FR Doc. 2017–21897 Filed 10–10–17; 8:45 am]
the assistance of another person, or diabetes requirement in 49 CFR BILLING CODE 4910–EX–P
resulting in impaired cognitive function 391.41(b)(10), subject to the
that occurred without warning requirements cited above:
symptoms, in the past 12 months and no Miguel A. Alicea (CT) DEPARTMENT OF TRANSPORTATION
recurrent (two or more) severe Ralph W. Boyatt (WA)
hypoglycemic episodes in the past five Eduard Braun (AR) Federal Motor Carrier Safety
years. In each case, an endocrinologist Mark A. Brede (MN) Administration
verified that the driver has Lawrence P. Butler (CA) [Docket No. FMCSA–2017–0022]
demonstrated a willingness to properly Keith T. Campbell (TX)
monitor and manage his/her diabetes Larry W. Carruth (AL) Qualification of Drivers; Exemption
mellitus, received education related to Dennis R. Carte (MO) Applications; Vision
diabetes management, and is on a stable Steven B. Carter (NC)
insulin regimen. These drivers report no Gregory L. Crawford (MI) AGENCY: Federal Motor Carrier Safety
other disqualifying conditions, James D. Duvall (VT) Administration (FMCSA), DOT.
including diabetes related Reginald D. Evans (NE) ACTION: Notice of final disposition.
complications. Each meets the vision Daniel F. Foder (NY)
requirement at 49 CFR 391.41(b)(10). Daniel J. Fowler (CT) SUMMARY: FMCSA announces its
Consequently, FMCSA finds that in Michael F. Greene (MA) decision to exempt 22 individuals from
each case exempting these applicants Cindy E. Grimes (NE) the vision requirement in the Federal
asabaliauskas on DSKBBXCHB2PROD with NOTICES
from the diabetes requirement in 49 CFR Leo J. Hoffman, Jr. (PA) Motor Carrier Safety Regulations
391.41(b)(3) is likely to achieve a level Bradley J. Holmstrom (MN) (FMCSRs) to operate a commercial
of safety equal to that existing without Delbert E. Holt (MN) motor vehicle (CMV) in interstate
the exemption. Alexander C. Jennings (NJ) commerce. They are unable to meet the
Calvin W. Johnson (WI) vision requirement in one eye for
IV. Conditions and Requirements Shannon E. Johnson (AZ) various reasons. The exemptions enable
The terms and conditions of the Kenneth E. King (IN) these individuals to operate CMVs in
exemption are provided to the Anthony A. Kronbeck (MN) interstate commerce without meeting
applicants in the exemption document Charles P. Lane, Jr. (AL) the vision requirement in one eye.
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Document Created: 2018-10-25 09:57:27
Document Modified: 2018-10-25 09:57:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions were applicable on August 29, 2017. The exemptions expire on August 29, 2019. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 82 FR 47308 |
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